The following is a direct reprint from the Congressional Record as posted on the internet regarding this Act. Anyone interested in wild horses should find this account most interesting.

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 765) to ensure maintenance of a herd of wild horses in Cape Lookout National Seashore.

The Clerk read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Shackleford Banks Wild Horses Protection Act'.

SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT NATIONAL SEASHORE.

Section 5 of the Act entitled `An Act to provide for the establishment of the Cape Lookout National Seashore in the State of North Carolina, and for other purposes', approved March 10, 1966 (16 U.S.C. 459g-4), is amended by inserting `(a)' after `Sec. 5.', and by adding at the end the following new subsection:

`(b)(1) The Secretary, in accordance with this subsection, shall allow a herd of free roaming horses in the seashore.

`(2) Within 180 days after enactment of this subsection, the Secretary shall enter into an agreement with the Foundation for Shackleford Horses (a nonprofit corporation established under the laws of the State of North Carolina) to provide for management of free roaming horses in the seashore. The agreement shall--

`(A) provide for cost-effective management of the horses; and

`(B) allow the Foundation to adopt any of those horses that the Secretary removes from the seashore.

`(3)(A) The Secretary shall accommodate the historic population level of the free roaming horse herd in the seashore, which shall be considered to be not less than 100 horses and not more than 110 horses.

`(B) The Secretary may not remove, or assist in or permit the removal of, any free roaming horses from Federal lands within the boundaries of the seashore unless--

`(i) the number of free roaming horses in the seashore exceeds 110;

`(ii) there is an emergency or a need to protect public health and safety, as defined in the agreement under paragraph (2); or

`(iii) there is concern for the persistence and viability of the horse population that is cited in the most recent findings of annual monitoring of the horses under paragraph (4).

`(4) The Secretary shall annually monitor, assess, and make available to the public findings regarding the population structure and health of the free roaming horses in the national seashore.

`(5) Nothing in this subsection shall be construed as creating liability for the United States for any damages caused by the free roaming horses to property located inside or outside the boundaries of the seashore.'.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Utah [Mr. Hansen] and the gentleman from American Samoa [Mr. Faleomavaega] each will control 20 minutes.

The Chair recognizes the gentleman from Utah [Mr. Hansen].

Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 765 was introduced by the gentleman from North Carolina [Mr. Jones] to ensure the maintenance of a herd of wild horses in Cape Lookout National Seashore, North Carolina. This bill is entitled `The Shackleford Banks Wild Horses Protection Act.' H.R. 765 would amend section 5 of the establishment act for Cape Lookout National Seashore to require the Secretary of the Interior to manage a herd of free-roaming wild horses on the island under agreement with the Foundation for Shackleford Horses, a nonprofit corporation established under the laws of North Carolina.

Specifically, Mr. Speaker, the bill mandates that the National Park Service maintain a population of 100 to 110 wild horses at the seashore. The National Park Service has an inconsistent policy in managing wild horses. This bill assures that a healthy survivable herd will remain at the seashore, which has historically existed at a 100-horse level. These wild horses have been on the Outer Banks of North Carolina for over 300 years, but the National Park Service will not recognize their cultural value.

Mr. Speaker, I wish to compliment my colleague, the gentleman from North Carolina [Mr. Jones], for his diligence in moving H.R. 765 to the House floor.

He was persuasive in the Subcommittee on National Parks and Public Lands, and also in the full Committee on Resources to express the concerns his North Carolina constituents have for the wild horses of the Shackleford Banks.

These wild roaming horses truly are a cultural resource that is important not only to North Carolina but to the entire Nation. H.R. 765 protects the wild roaming horses in Cape Lookout National Seashore. I strongly urge my colleagues in the House to support this worthwhile legislation.

Mr. Speaker, I reserve the balance of my time.

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 765 introduced by my colleague, the gentleman from North Carolina [Mr. Jones], requires the National Park Service to maintain a herd of wild horses on Shackleford Banks in Cape Lookout National Seashore. I recognize and appreciate my good friend's deep personal interest in this matter, as well as the concern this issue has generated in the local community. As such, I am supporting the bill in the House today. I must note for the record that the administration has strong concerns and objections to the bill which are also shared by the National Parks and Conservation Association, a park advocacy group.

Mr. Speaker, H.R. 765 has been very specific in management directives for the National Park Service, right down to specifying that the number of wild horses that must be maintained at the National Seashore be no less than 100 and no more than 110. That detailed a number may well cause some significant management problems, I am sure. We do not know the genetic diversity of this herd, nor the carrying capacity of the small barrier island on which they live. In fact, a report on the genetic diversity of the horses is due by sometime next month. We would do well to have better scientific information as we consider this legislation.

Part of the problem here, Mr. Speaker, is that the National Park Service waited for years to develop a management plan to deal with these horses. The National Park Service's handling of this matter has also raised concerns within the local community. I understand that the Foundation for Shackleford Horses, a local group, is currently reviewing a draft memorandum of understanding between the National Park Service and the foundation that will address many of the issues that H.R. 765 now involves. This I hope will be a positive step.

It seems to me that a great deal of time and effort has been spent by the National Park Service and others in this matter. Perhaps from these efforts scientific and management processes could be made to work cooperatively, and before this bill is sent to the President we would have a product that all parties could support. This legislation also has the full support of the Governor of North Carolina.

Mr. Speaker, I support the legislation of the gentleman from North Carolina, with the hope that we will try to iron out some of the difficulties or provisions of the bill before it is sent to the White House.

Mr. Speaker, I reserve the balance of my time.

Mr. HANSEN. Mr. Speaker, it is a pleasure for me to yield such time as he may consume to the gentleman from North Carolina [Mr. Jones], the chief sponsor of this piece of legislation, who has done such an outstanding job on it.

Mr. JONES. Mr. Speaker, I would like to thank the chairman and ranking member of the subcommittee for their time and support in helping to secure passage of H.R. 765, the Shackleford Banks Wild Horses Protection Act.

As the chairman mentioned, H.R. 765 simply requires the National Park Service to maintain a representative herd of wild horses on Shackleford Banks, a part of the Cape Lookout National Seashore. These horses have been roaming free for over 300 years, much like their descendents, the Spanish mustangs which swam ashore after Spanish galleons wrecked off the North Carolina coast centuries ago.

As one can imagine, these horses have become a permanent part of North Carolina's heritage. Generation after generation of schoolchildren have been taught about these horses and their unique story. Some time ago the Park Service ignored the cultural importance of these horses and began initiating a management plan to reduce the size of the herd. I was amazed at the arrogance of the Park Service in its inability to work with local citizens for the best interests of the community and the region.

After witnessing the behavior and track record of the Park Service, I introduced H.R. 765 out of a concern for the health and the future of the Shackleford Banks wild horses. This legislation requires the Park Service to maintain a herd of not less than 100 horses and not more than 110 horses, a number determined by sound science, not unelected bureaucrats.

The numbers were reached in consultation with Dr. Dan Rubenstein, a professor of biology at Princeton University who has been studying these horses for more than 14 years. Also, a genetic scientist working in consultation with the Park Service also believes the herd should consist of at least 100 horses. The numbers are consistent with the number of horses that were on the island when the Park Service assumed ownership of the land back in the 1970's.

This legislation, as mentioned before, is strongly supported by North Carolina's Democratic Governor, Jim Hunt, our Democratic secretary of cultural resources, Betty McCain, and numerous local elected officials. I have even received petitions signed by schoolchildren across the State of North Carolina encouraging passage of this legislation.

After being part of the effort to save these horses, I believe this legislation is the only line of protection between the Park Service's intent to manage the vegetation instead of this national treasure.

I strongly encourage my colleagues to support passage of this legislation and the continuation of this historical rich herd, which is so important to the State of North Carolina.

Mr. FALEOMAVAEGA. Mr. Speaker, will the gentleman yield?

Mr. JONES. I yield to the gentleman from American Samoa.

Mr. FALEOMAVAEGA. Mr. Speaker, I think it is interesting to note that in the hearings process, maybe the gentleman will for the record, it is my understanding that this issue has been going on now for over 10 years and that very much the National Park Service was properly informed; but yet they sat on this issue for all this time until the gentleman practically was forced to have to introduce legislation to get them moving. Is that correct?

Mr. JONES. Mr. Speaker, yes, sir, I appreciate the gentleman's question. I tried before this legislation was introduced to reach some common ground with the Park Service, and quite frankly I saw no sincere interest on their part, I use the word sincere, until I introduced the bill.

Mr. FALEOMAVAEGA. Mr. Speaker, so now they are more sincere than ever.

Mr. FALEOMAVAEGA. I thank the gentleman.

Mr. JONES. Mr. Speaker, I thank the gentleman for his help, too.

Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.

Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the to the gentleman from Georgia [Mr. Kingston].

Mr. KINGSTON. Mr. Speaker, I too appreciate the gentleman from North Carolina for introducing this bill. I think it is very important that we recognize that maybe these horses are not indigenous to the island but they do add and enhance the beauty and the preservation of it. I represent coastal Georgia, and we have Cumberland Island there where there is a herd of wild horses. These horses are also of Spanish descent.

The interesting thing about Cumberland Island is that the environmental community wants to eliminate the horses. Their reasoning is that it is not indigenous. Not all environmentalists feel this way, but many of them do. They come up with very specious reasons for doing so. We were told last year that the Cumberland horse population had been going up 15 percent a year for the last 10 years. Upon researching it within our office we found that the horse population on Cumberland Island had in fact been in the 250 to 260 range for about 10 years, and there was not an increase in the horse population.

We further found this year after another census was done that the horse population had in fact declined. So I think it is very important that we recognize that on wild horse populations, many times we are arguing not necessarily based on science but based on political correctness.

I believe that the gentleman from North Carolina is doing the right thing. Let the folks down there decide. Let them work with the biologists, get the emotion of the Park Service who sometimes gets involved in the politics on the politically correct politics, which says that nonindigenous animals have to go.

I think that this is a great piece of legislation, and I enthusiastically support it. I hope the day does not come when we have to have similar legislation to protect the wild horses on Cumberland Island. Right now they are being protected, but it does take a nudge to the Park Service.

Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

The SPEAKER pro tempore [Mr. Snowbarger]. The question is on the motion offered by the gentleman from Utah [Mr. Hansen] that the House suspend the rules and pass the bill, H.R. 765.

The question was taken.

Mr. FALEOMAVAEGA. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the Chair's prior announcement, further proceedings on this motion will be postponed.

The point of no quorum is considered withdrawn.

The SPEAKER pro tempore. The pending business is the question of suspending the rules and passing the bill, H.R. 765.

The Clerk read the title of the bill.

The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Utah [Mr. Hansen] that the House suspend the rules and pass the bill, H.R. 765.

The question was taken.

RECORDED VOTE

Mr. BONIOR. Mr. Speaker, I demand a recorded vote.

A recorded vote was ordered.

The vote was taken by electronic device, and there were--ayes 416, noes 6, not voting

So (two-thirds having voted in favor thereof) the rules were suspended and the bill was passed.

The result of the vote was announced as above recorded.

A motion to reconsider was laid on the table.

The House of Representatives has passed the Act, but it still has to get through the Senate. Emails to your senators supporting the Shackleford Banks Wild Horses Protection Act are urgently needed. Recent history shows the Senate to be less sympathetic to the various wild horse programs. We all have a chance to preserve this unique herd which is described in wonderful detail in the links below, but we need to act soon!

Check out the following links:

One apparently formed over the ocean and skipped across Shackleford to Back Sound in an area that a young bachelor band occupied. It was a quite forceful one as it crossed Back Sound and came ashore at Harkers Island where it left a path of destruction, removing roofs and twisting gas pumps off of their mounts. No people were harmed, but we did lose some horses from Shackleford. Two were found washed ashore on North Core Banks and four others were seen in Core Sound, about ten miles northeast of Shackleford. All had drowned. Three others that belonged to this band were later found alive about five miles west of their territory on a marshy spit attached to Shackleford that protrudes into Back Sound.

Experts have surmised that the water spout (which like a tornado, makes a horrendous noise) either frightened the horses into the water or tossed them into it and only the three were fortunate enough to get back to land.

There are 112 horses left. There will be another roundup, probably in January, to re-test for EIA. Samples for continuing genetics testing will be gathered from those horses not previously sampled for this purpose.

Margaret Willis, Director, Foundation for Shackleford Horses, Inc.